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  •  OK, But None of this (0+ / 0-)

    post and the one slightly north are going to matter in terms of this being classic cannon fodder for drug limbaugh and the rest.

    while what you are saying may have merit-- the problem is New Haven should have never given the exam in the first place-- a municipality can't offer an exam and tben say, 'well, we don't like the results', toss the exam, and still look credible.

    I'm guessing other municipalities have a similar story, some leg work needs to be done to see how these were handled in their respective courts.

    The bank bailouts are a failure. Robert Reich

    by Superpole on Thu May 28, 2009 at 02:24:40 PM PDT

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    •  Re: (0+ / 0-)

      This was just a side note.  The underlying test in both opinions (ie Title VII---- reasonable business justification v. pretext) still comes out in New Haven's favor. If Roberts wants to screw with the whole McDonnell Douglas framework for this one case b/c he doesn't like the outcome, then the results for big business will be disastrous.  

      Faith in oneself is not trusting that you will always be victorious. It is trusting that you will either die or get back up.

      by Justashotaway on Thu May 28, 2009 at 03:03:52 PM PDT

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      •  And yes, I'm not really considering this (0+ / 0-)

        from the Rush perspective.

        Faith in oneself is not trusting that you will always be victorious. It is trusting that you will either die or get back up.

        by Justashotaway on Thu May 28, 2009 at 03:04:55 PM PDT

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